Pineda v. Goord

Appeal from a judgment of the Supreme Court (Spargo, J.), entered February 21, 2006 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Following a tier III disciplinary hearing, petitioner was found guilty of assaulting staff and refusing a direct order. The determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding, asserting that he was denied the right to have certain witnesses testify at the hearing and that some witnesses were improperly interviewed by the Hearing…